Only a class-A douche would be speculative enough to ask for frivolous refunds based on BTC value. The companies we order from (most at least) work hard and risk a lot in producing ASIC. Using return and refund policies only for short term profit makes us as a community no better then the scams we all spend our days investigating, debunking and criticizing.
"class-A"? Seems a bit harsh, I think there are many rungs higher on the scumbag totem pole than getting a refund when it makes financial sense for the investor/purchaser. I agree that I'd hate to see the rug get pulled from under ASIC manufacturers due to speculative refunds. However these are investors in what is essentially a money-printing machine and I'm not so naive to believe that the majority of these people will see a greater return by refunding and pass on it and hold on to a less lucrative investment for purely ideological reasons. Even worse I fear under the right conditions the majority would pull out, and leave the ones with the least "greedy" intentions holding the bag.
Although in any potential refunder's defense it was understood that refunds for products yet to be delivered are allowed (at least by US law). If a company didn't want to expose themselves to mass refund risk then they could have waited until they had product in hand to sell. It seems to me that there is a bit of gambling going on for both the companies as well as the customers.
I think the biggest risk to ASIC orders isn't refunds but the producers not being able to profitable convert to fiat for parts.
If they didn't plan ahead, and convert enough fiat to cover construction at time of sale.
They certainly aren't going to produce miners at a loss.
I think this is a biggest risk for those producers only accepting BTC as payment method.
Personally, i think that this is the cause for the drop in value of BTCs at the moment. All the manufacturers who accepted BTC as payment are scrambling to convert them to fiat to pay their bills.
I always assumed that at the time of ASIC purchase BitPay deposited USD to the producers accounts. I realize that there is the option to hold the BTC but I think it's doubtful that most companies didn't take USD from the start considering that's what most ASIC products are priced in and that is what supply chain and R&D costs are denominated in.
I don't know how it's worked on a larger scale but I can give you my story for some anecdotal evidence. I started by using USD to buy GFX cards to mine BTC. I then held those BTC keeping them off the exchanges (BTC price goes up), then I used that BTC to buy ASIC, most likely that BTC gets converted to USD (BTC goes down). If enough people followed that same path it would lend weight to the hypothesis that purchases of ASIC has at least helped to contribute to declining USD price of BTC recently as ASIC purchases rise and GFX card mining rig purchases drop and lose total hashing share.